ILNews

Opinions June 30, 2014

June 30, 2014
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Indiana Supreme Court
The following opinions were issued Friday after IL deadline.

Keion Gaddie v. State of Indiana
49S02-1312-CR-789.
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, holding that I.C. 35-44.1-3-1(a)(3), the statute defining the offense of resisting law enforcement by fleeing after being ordered to stop, must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause. On that basis, there was insufficient evidence against Gaddie to support the conviction.

Donald Murdock v. State of Indiana
48S02-1406-CR-415
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, holding the evidence and reasonable inferences established Murdock knowingly or intentionally fled from a law enforcement officer’s order to stop that was based on reasonable suspicion of criminal activity.

Dexter Berry v. State of Indiana
49S04-1406-CR-416
Criminal. Reverses and remands with instructions to accept or reject the plea agreement as written. Rules that the court lacked the authority under terms of the plea agreement to impose on the defendant one year of work release as a condition of probation following his 10-year sentence. The trial court was allowed to order probation after the defendant served his sentence but it could not impose punitive conditions like restrictive placement.

Tin Thang v. State of Indiana
49S04-1402-CR-72
Criminal. Affirms conviction of Class B misdemeanor public intoxication. Finds based on the evidence the trial court could conclude beyond a reasonable doubt that the defendant had been intoxicated in a public place while endangering the life of himself or others. Justices David and Rucker dissent.
   
June 30
Indiana Court of Appeals

Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wife
60A01-1312-PL-518
Civil plenary. Affirms trial court denial of motion to correct error in judgment in favor of defendants, holding that Dennis Samples had not proven the court erred in finding the expansion of a dam on neighboring property encroached on his land or was a nuisance.

Anissa L. Tyler v. State of Indiana (NFP)
48A04-1309-PC-428
Post conviction. Reverses denial of post-conviction relief; vacates convictions of murder and Class A felony aiding, inducing or causing robbery; and remands for retrial, finding the court erred in determining that Tyler received effective assistance of counsel.

Doaa I. Ebrahim v. Essam Otefi (NFP)
76A03-1309-DR-368
Domestic. Affirms denial of Ebrahim’s motion for relief from judgment from the trial court’s dissolution of marriage decree.

Darcel Edwards v. State of Indiana (NFP)
49A04-1311-CR-578
Criminal. Affirms placement split between Department of Correction and work release on an eight-year sentence for conviction of Class B felony dealing in cocaine.

Cheryl Rodriguez v. Sourthern Dunes Golf, LLC (NFP)
49A02-1307-PL-639
Civil plenary. Affirms judgment in favor of Southern Dunes.

Bernard A. Burrell v. State of Indiana (NFP)
45A03-1311-CR-431
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing cocaine.

Katherine Fraze v. Floyd County Health Department, and City of New Albany and Animal Control (NFP)
22A04-1402-CC-62
Collection. Affirms trial court denial of motion to correct error in favor of the city limiting the number of dogs Fraze could keep on her property.
 
Anthony Ray Willoughby v. State of Indiana (NFP)
49A04-1307-PC-375
Post conviction. Affirms denial of post-conviction relief.
 
In re: The Visitation of W.G.R. (Minor Child) M.W.R., Father v. K.G. and D.G., Maternal Grandparents (NFP)
78A01-1312-MI-540
Miscellaneous. Remands order for grandparent visitation for findings of fact and conclusions of law.
 
Chad Thomas Gates v. Shannon Leigh Gates (NFP)
83A05-1401-DR-26
Domestic. Affirms trial court denial of father’s petition to modify custody.
 
Ralph Dennis Gabriel, Jr. v. State of Indiana (NFP)
45A04-1311-CR-585
Criminal. Affirms 14-year sentence for conviction of Class B felony burglary.

Robert Birk v. State of Indiana (NFP)
49A02-1310-CR-897
Criminal. Affirms convictions of Class D felony possession of a narcotic drug and Class A misdemeanor driving while suspended.
 
James Pello v. State of Indiana (NFP)
20A03-1312-PC-488
Post conviction. Affirms denial of post-conviction relief.
 
Walter L. Logan v. State of Indiana (NFP)
34A04-1311-CR-581
Criminal. Affirms 28-year aggregate sentence of Class C felony reckless homicide and Class B felony possession of cocaine.
 
Tyrone R. McGee v. State of Indiana (NFP)
15A05-1311-CR-575
Criminal. Affirms revocation of probation.
 
Stephan Gallagher v. State of Indiana (NFP)
15A05-1301-PC-12
Post conviction. Affirms denial of post-conviction relief.
 
Brandon Scroggin v. State of Indiana (NFP)
64A04-1306-CR-312
Criminal. Dismisses as untimely Scroggin’s appeal of convictions of Class C felony receiving stolen auto parts, Class D felony counts of arson and intimidation, and Class A misdemeanor criminal mischief.

Diamond Staples v. State of Indiana (NFP)
48A04-1403-CR-118
Criminal. Affirms revocation of probation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. 7th Circuit Court of Appeals issued no Indiana opnions by IL deadline.
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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